THE SPOKESMAN • TUESDAY, MAY 31, 2022 A3
Redmond man sues
sheriff for $2.5 M
BY GARRETT ANDREWS
CO Media Group
A former Deschutes County
Sheriff’s Office captain has
filed a $2.5 million federal
lawsuit against Sheriff Shane
Nelson alleging the sheriff
acted with “evil motive or in-
tent” in a series of personnel
investigations that cost him
his career.
In a 45-page complaint filed
Monday in federal court in
Eugene, Deron McMaster as-
serts that Nelson violated Mc-
Master’s right to free speech
and status as a whistleblower.
Among other allegations,
the longtime supervisor says
Nelson concealed evidence
relating to a co-worker’s inter-
nal investigation, and that he
demoted McMaster for speak-
ing out against the sheriff and
exposing improper actions
by the sheriff and the sheriff’s
wife.
“Defendant Sheriff Nelson
acted with evil motive or in-
tent toward (McMaster) when
Sheriff Nelson intentionally
concealed damaging testi-
mony given by his wife,” the
lawsuit reads.
“This has a profound and
chilling effect on other DCSO
employees not to ‘cross’ the
Sheriff.”
Nelson refused to answer
questions, though an office
spokesperson sent a state-
ment.
“The Deschutes County
Sheriff’s Office is aware of the
complaint filed by Mr. Mc-
Master’s attorney,” wrote sher-
iff’s spokesman Sgt. Jayson
Janes. “Sheriff Nelson disputes
the allegations made in this
complaint and plans to vigor-
ously defend the Sheriff’s Of-
fice against these allegations.”
Janes said no further infor-
mation will be released due to
the pending litigation.
McMaster worked for the
sheriff’s office for 28 years,
rising to become one of three
captains reporting directly to
Nelson.
McMaster says in 2021 he
was demoted and forced to
resign.
A Bulletin article pub-
lished in October based on
hundreds of pages of internal
documents and audio files
describes much of the history
contained in the lawsuit. In
essence, a scandal involving
former deputy Richard “Deke”
Demars came to envelop Mc-
Master after Demars con-
fessed to McMaster an affair
with a subordinate deputy.
The investigation of Demars
soon included allegations of
domestic abuse by a different
woman, a longtime girlfriend,
and her two children.
McMaster alleges he learned
during the Demars investiga-
tion that Nelson’s wife, Lisa,
had told internal investigators
that she and her husband had
known about discord in the
Demars household for years.
The Nelsons were neigh-
bors to Demars’ household for
around 7-8 years, and Nelson’s
son was friends with the two
boys in the Demars house-
hold.
McMaster says that after
he learned the Nelsons knew
about alleged abuse in the De-
mars household, Nelson placed
McMaster on paid leave for
alleged policy violations. The
sheriff said McMaster should
have gone to him directly re-
garding Demars, rather than go
to Demars’ supervisor as well
as an outside agency, which is
what McMaster did.
McMaster and his attorney
received discovery documents
as part of the disciplinary pro-
cess, but missing from the
documents — and the only
thing missing — was a copy of
Bulletin file
Deschutes County Sheriff Shane Nelson, seen here at a press conference in 2016.
Lisa Nelson’s interview tran-
script, according to the law-
suit.
The internal investigation
of McMaster was conducted
by two retired Oregon law
enforcement officers, Tim
Moore and Matt Ellington,
who are named as respon-
dents in the lawsuit.
The lawsuit alleges Moore
and Ellington conducted
shoddy and improper work,
and their reports should be
considered invalid under the
law.
The McMaster lawsuit was
assigned to U.S. District Judge
Michael J. McShane, who
oversaw the jury trial in the
civil suit filed against Nelson
by former deputy Eric Ko-
zowski.
In 2018, Nelson fired Ko-
zowski, two years after Ko-
zowski challenged Nelson in
the 2016 election. Last sum-
mer, a jury in federal court de-
termined Nelson had violated
Kozowski’s rights and awarded
him $1.06 million. The county
was further ordered to pay
around $1 million in attorney
fees for both sides.
On the heels of the Ko-
zowski verdict, the county
announced a settlement with
another deputy who’d sued in
federal court. Crystal Jansen,
then the only female deputy
in a supervisory role, alleged
Nelson harassed and discrim-
inated against her. She re-
ceived $500,000 in exchange
for agreeing to drop her com-
plaint.
As of Wednesday, there
were still no female deputies
in supervisory positions.
Also Wednesday, there were
four active lawsuits against the
sheriff’s office.
An Air Force veteran, Mc-
Master now works as an air-
craft mechanic in Redmond.
█
Reporter: 541-383-0325,
gandrews@bendbulletin.com
Sex abuse case declared a mistrial Fishing closures announced
BY GARRETT ANDREWS
CO Media Group
A mistrial was declared in
the child sex abuse case of
Josue Jair Mendoza-Melo on
Tuesday after
he learned
from a Bul-
letin article
that his judge
was a chief
proponent of
Ezra’s Law,
Mendoza-Melo
proposed
legislation
named for a toddler who
Mendoza-Melo seriously in-
jured in 2017.
The Redmond man is
currently charged with two
counts of first-degree sodomy
and nine counts of first-degree
sex abuse for allegedly abusing
two girls multiple times be-
tween 2010 and 2016.
He has pleaded not guilty.
His trial in that case began
Monday in Jefferson County
Circuit Court with jury selec-
tion, opening statements and
witness testimony.
But Tuesday’s proceedings
began with the lawyers meet-
ing in chambers with Judge
Wade Whiting, where Mendo-
za-Melo’s attorney informed
him the defense intended to
seek a mistrial due to a con-
flict of interest.
“Mr. Mendoza-Melo appre-
ciates the judge taking his con-
cerns seriously,” Mendoza-Me-
lo’s attorney, Jennifer Kimble,
told The Bulletin Tuesday.
In 2019, Mendoza-Melo
was convicted in an separate
case of attempted murder of
his then-girlfriend’s 2-year-
old son, Ezra Jerome Thomas,
who suffered significant and
permanent injuries.
Mendoza-Melo ultimately
agreed to a plea deal in that
case and was sentenced to 12
years in prison. Prosecutors
at the time expressed frustra-
tion with state sentencing law,
which they said limited the
prison term they could pursue
due to Mendoza-Melo’s lack of
criminal record.
Ezra’s story was one of sev-
eral that inspired lawmakers,
prosecutors and victim advo-
cates to develop Ezra’s Law,
which would allow judges to
impose longer sentences in
cases where victims suffer per-
manent injuries.
The bill died in a legislative
committee in 2020 after the
walkout by Republican law-
makers. It was reintroduced
in 2021 but was again shot
down.
Whiting, a former Crook
County district attorney, was
a key supporter of the bill, a
fact reported by The Bulletin
on Tuesday. Whiting spoke in
favor of the bill at legislative
hearings in Salem, highlight-
ing the case of La Pine man
Nick Ricks, who was shot four
times in the back by a stranger
at a Prineville bar. Ricks was
paralyzed, and his shooter,
Omar Ramzi Araim, received
a 6-year prison sentence, not
longer due primarily to Ara-
im’s lack of a prior criminal
record.
Late last year, Whiting was
appointed to replace Judge
Mike McLane as the third
judge of the 22nd Judicial
District, which covers Crook
and Jefferson counties. He
began hearing cases in Jan-
uary.
Tuesday morning, Whit-
ing considered the motion by
Mendoza-Melo requesting
a mistrial. Kimble told the
court her client learned of
Whiting’s support for Ezra’s
Law from The Bulletin, and
he felt Whiting’s connection
to Ezra’s Law was highly prej-
udicial.
Whiting asked each juror if
they’d read The Bulletin arti-
cle. One said they’d seen it but
hadn’t read it.
Jurors are asked to not read
news articles about the cases
they hear or discuss them with
others.
Whiting ultimately ap-
proved the motion, dismissing
the jury and declaring a mis-
trial. He told the defendant he
understood how he could feel
the judge’s support of Ezra’s
Law could appear prejudicial.
The court clerk will now
a assign a new court date,
though Kimble said it could
be several months out due to
witness availability.
“Our only concern is that
justice, and the appearance
of justice, is sought,” Jeffer-
son County District Attorney
Steve Leriche told The Bul-
letin.
Mendoza-Melo will now
return to Snake River Correc-
tional Institution in Malheur
County, where he’s been serv-
ing his sentence in Ezra’s case.
Ezra requires full-time care,
and his caregivers have said
he’s not expected to live to be
an adult.
█
Reporter: 541-383-0325,
gandrews@bendbulletin.com
on lower Deschutes River
Spokesman staff report
Summer steelhead are
forecasted to have a low
run this year, prompting
the Oregon Department of
Fish and Wildlife to issue
angling closures with steel-
head, bass, and salmon
in parts of the Deschutes
River this summer, starting
as early as June 1.
Last year’s upriver steel-
head run to Bonneville
Dam on the Columbia
River was the lowest since
records began in 1938, re-
sulting in the first steel-
head fishing closure on
the Deschutes since 1978.
Pre-season forecasts for
2022 are similar to last
year’s returns, according to
the department.
As more summer steel-
head pass through Bonne-
ville Dam from summer
through fall, fishing sea-
sons will be adjusted.
Anglers should always
check the recreation report
for their fishing zone as
Gary Lewis / For The Bulletin file photo
A male summer-run steelhead.
regulations can change.
Under temporary rules
adopted for the Deschutes
River on Wednesday:
• Steelhead and bass
fishing is closed from
June 1 to Aug. 15 from the
mouth at the westbound
I-84 bridge upstream to
Pelton Dam.
• Chinook salmon fish-
ing is closed from Aug. 1
to Aug. 15 from the mouth
at the westbound I-84
bridge upstream to the
upper railroad trestle (ap-
proximately three miles
downstream from Sherars
Falls).
• Coho salmon fishing
is closed from Aug 1. to
Aug. 15 from the mouth at
the westbound I-84 bridge
upstream to the upper
railroad trestle (approxi-
mately three miles down-
stream from Sherars Falls)
and from Sherars Falls up-
stream to Pelton Dam.
Normally under perma-
nent regulations, hatchery
steelhead fishing is open
all year, coho fishing is
open Aug 1. to Dec. 31 and
Chinook fishing is open
Aug. 1 to Oct. 31.
Salmon fishing closures
are needed during these
time periods as salmon an-
glers may encounter wild
steelhead.
Trout fishing remains
open on the Deschutes
River as there is less risk
that trout anglers will en-
counter wild steelhead.
Anglers should take ex-
tra steps to avoid targeting
steelhead and safely release
them if caught, according
to the department.
WE’RE HIRING
Warehouse Employees
& Delivery Drivers
Looking for warehouse
and delivery personnel
to join our family at our Bend Store.
This position is Full Time M-F
with overtime and benefits.
Please contact us at
541-382-5900
or come in and ask for T.J.
2994 NE O.B. Riley Rd - Bend